Taylor v. Commissioner of Social Security ( 2022 )

1 2 U.S. DISTRICT JUDGE RICHARD A. JONES 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 DAVID F. TAYLOR, ) 11 ) CIVIL NO. 2:21-cv-00886-RAJ Plaintiff, ) 12 ) PROPOSED ORDER 13 vs. ) ) 14 COMMISSIONER OF SOCIAL SECURITY, ) ) 15 Defendant ) 16 ) 17 This matter comes before the Court on the parties’ stipulated motion for attorney’s 18 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 19 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 20 21 period in §2412(d)(1)(B), from the entry of final judgement on March 3, 2022 to file a 22 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 23 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 24 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 party, the government’s position was not substantially justified, and that the itemization 2 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 3 met. 4 Having thoroughly considered the parties’ briefing and the relevant record, the 5 Court hereby GRANTS the motion and awards Plaintiff $6,040.44 in attorney’s fees, 6 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 7 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney by 8 either EFT or check: David Oliver at David Oliver & Associates, 2608 South 47th Street, 9 Suite C, Tacoma, WA 98409. Pursuant to Ratliff, award shall be payable to Plaintiff’s 10 attorneys, David Oliver at David Oliver & Associates, if the Commissioner confirms that 11 12 Plaintiff owes no debt to the Government through the Federal Treasury Offset program. 13 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 14 GRANTED; 15 16 DATED this 25th day of July, 2022. 17 A 18 19 The Honorable Richard A. Jones United States District Judge 20 21 22 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C